Callaway v. Christison

HICKS, Circuit Judge.

This appeal is from a judgment entered upon a verdict in favor of appellee. Appellant contends that his motion for peremptory instructions and for judgment non obstante veredicto should have been sustained. ,

On the morning of June 11, 1942, between 6:30 and 7 o’clock, appellee, driving a Ford car westwardly along 29th Street in Chattanooga, drove onto a railroad crossing where the car was struck and practically demolished by the front of the engine of appellant’s south-bound passenger train. One Keel, riding with appellee, was instantly killed, and appellee was injured.

The…